March 2, 2021

Volume XI, Number 61

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March 01, 2021

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Supreme Court Of The United States To Decide If Clean Water Rule Can Be Challenged Directly In U.S. Circuit Courts

In February of last year, we reported on the Sixth Circuit’s split-panel holding that it had jurisdiction to review challenges to the validity of the “Clean Water Rule” (which clarifies the term “waters of the United States” in the Clean Water Act). Last week, the Supreme Court granted certiorari in National Association of Manufacturers v. Department of Defense. While interlocutory cert petitions are typically disfavored by the Supreme Court, jurisdictional issues have long been an exception to that rule of thumb. The Court’s ultimate analysis in this case could potentially inform the interpretation of other jurisdictional statutory provisions, beyond the Clean Water Act.

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© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume VII, Number 18
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About this Author

Larisa Vaysman, Squire Patton Boggs, appellate litigation
Associate

Larisa Vaysman’s practice focuses on general and appellate litigation. She has represented clients before the Sixth, Ninth and DC Circuits, as well as a range of state and federal courts. She has also represented petitioners and amici curiae before the US Supreme Court. Prior to joining Squire Sanders, Larisa clerked for The Honorable R. Guy Cole, Jr. of the United States Court of Appeals for the Sixth Circuit. While in law school, Larisa worked as a summer associate for a Cincinnati law firm.

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